TY - JOUR
T1 - Merely naughty or seriously wrong? ‘Childish sexual experimentation’ and the presumption of doli incapax
AU - Wortley, Natalie
PY - 2017/10
Y1 - 2017/10
N2 - Discusses the case of R v PF [2017] EWCA Crim 983, in which the Court of Appeal reiterated that, where a defendant is prosecuted for offences arising out of conduct that took place before 30th September 1998 and the defendant was (or may have been) aged 10-13 at the time of that conduct, the prosecutor must prove that the defendant was doli capax at the relevant time. To prove that a child had the capacity to commit a criminal offence, the prosecution must adduce independent evidence that the defendant knew that his conduct was seriously wrong. R v PF was a case involving what the defendant contended was ‘childish sexual experimentation’, and this case note advocates that consideration be given to how the law regulates young people’s sexuality and sexual experimentation.
AB - Discusses the case of R v PF [2017] EWCA Crim 983, in which the Court of Appeal reiterated that, where a defendant is prosecuted for offences arising out of conduct that took place before 30th September 1998 and the defendant was (or may have been) aged 10-13 at the time of that conduct, the prosecutor must prove that the defendant was doli capax at the relevant time. To prove that a child had the capacity to commit a criminal offence, the prosecution must adduce independent evidence that the defendant knew that his conduct was seriously wrong. R v PF was a case involving what the defendant contended was ‘childish sexual experimentation’, and this case note advocates that consideration be given to how the law regulates young people’s sexuality and sexual experimentation.
KW - Doli incapax
KW - historic sexual offending
U2 - 10.1177/0022018317734119
DO - 10.1177/0022018317734119
M3 - Article
SN - 1740-5580
VL - 81
SP - 346
EP - 349
JO - The Journal of Criminal Law
JF - The Journal of Criminal Law
IS - 5
ER -